Tenant's Grandson Gets Rent-Controlled Apartment

Landlord asked the DHCR for a ruling on the rent regulatory status of an apartment. A rent-controlled tenant had lived in the apartment until her death in 2016. Tenant had continued to pay rent although she bought a house in Florida in 1997, and had never notified landlord of any other apartment resident. Landlord had granted an application filed by landlord in 1999 to increase the rent because a nonfamily member resided in the apartment. But now tenant's grandson claimed succession rights to the apartment. He said that tenant moved out in 1997 and that he lived in the apartment with tenant between 1995 and 1997. The grandson submitted various documentation showing his occupancy of the apartment. The DRA ruled that the grandson was the lawful rent-controlled successor tenant. Landlord appealed and lost. 

Auswin Realty Corp.: DHCR Adm. Rev. Docket No. HS120015RO (7/22/22)[4-pg. document]